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interest reipublicae ut sit finis litium

Latin · IN-ter-est ray-ee-POOB-lih-kay oot sit FEE-nis LIT-ee-um · Courts and procedure

Meaning. It is in the public interest that there should be an end to litigation.

This maxim expresses a public policy: disputes, once decided, must not be reopened endlessly, both because courts' resources are limited and because people need certainty. It is one of the two policies behind res judicata in s.11 CPC; the other, nemo debet bis vexari pro una et eadem causa, is the private interest that no one should be troubled twice for the same cause.

The same policy underlies the law of limitation, constructive res judicata (Explanation IV to s.11), the bar on fresh suits after withdrawal without leave (Order XXIII CPC), and the limits on review and curative petitions. Courts balance it against the need to correct grave injustice, which is why fraud, lack of jurisdiction and a curative petition remain narrow exceptions.

Example

Refusing to allow a second suit on the same title, the court relied on interest reipublicae ut sit finis litium and s.11 CPC.

In Indian law

  • Section 11, Code of Civil Procedure, 1908 (res judicata)

See also

res judicata · nemo debet bis vexari pro una et eadem causa · constructive res judicata · limitation

Read more in the study notes

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